Case Note & Summary
The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1, a known customer, allegedly strangulated her, robbed gold and silver articles along with Rs.20,000/- cash, and with the help of accused Nos.2 and 3, disposed of the body by setting it on fire near Vishweshwaraiah canal and pushing it into the water. The missing complaint lodged by the victim’s brother led to investigation. Upon suspicion, accused No.1 was detained and confessed, leading to discoveries including recovery of stolen articles from the houses of accused No.4 and the mother of accused No.1, and identification of the decomposed body through superimposition. The trial court convicted accused No.1 under Sections 302, 397, and 201 IPC, accused No.2 under Section 201 IPC, and accused No.4 under Sections 202 and 212 IPC. The convicted persons appealed under Section 374(2) CrPC. The High Court initially allowed the appeals and acquitted all accused on 21.04.2010. The State challenged the acquittal before the Supreme Court in Criminal Appeal Nos.990-991 of 2012. The Supreme Court set aside the acquittal and remanded the matter to the High Court for fresh consideration. The appeals were reheard by a Division Bench of Justice Ravi Malimath and Justice H.P. Sandesh. The appellants contended that the trial court misappreciated the evidence, failed to consider material contradictions, and that the prosecution failed to prove guilt beyond reasonable doubt. The State defended the conviction arguing that the circumstantial evidence, extra-judicial confession, recoveries, and identification of the body clearly established the guilt. The High Court, after rehearing, disposed of the appeals on 15.10.2019, but the outcome of the judgment is not available in the provided text.
Issue of Consideration
Whether the conviction of the accused for offences under Sections 302, 397, 201, 202, and 212 IPC based on circumstantial evidence and recoveries is sustainable.
Case Details
2019 LawText (KAR) (10) 26
Criminal Appeal No.1520/2007 c/w Criminal Appeal No.1596/2007
Ravi Malimath, H.P. Sandesh
Hasmath Pasha (Appellants), I.S. Pramod Chandra (Respondent)
A. Mahaveer, Ashadevi, Sanjay Kumar Jain
State of Karnataka by Chamarajapet Police Station
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Nature of Litigation
Criminal appeals against conviction for murder, robbery, and screening of evidence
Remedy Sought
Appellants seek to set aside the conviction and sentence passed by the Sessions Court
Filing Reason
The trial court convicted the accused based on circumstantial evidence; they allege misappreciation of evidence and contradictions
Previous Decisions
Earlier, the High Court acquitted the accused, but the Supreme Court set aside the acquittal and remanded for fresh consideration
Issues
Whether the prosecution evidence, including extra-judicial confession, last seen theory, recoveries, and identification of dead body, proves guilt beyond reasonable doubt.
Submissions/Arguments
Appellants contended that the trial Judge erred in law in accepting the prosecution evidence and did not properly consider the cross-examination, which brought out material contradictions and weaknesses in the prosecution case.
Judgment Excerpts
This Court earlier allowed both the appeals and acquitted the accused persons vide judgment dated 21.04.2010 which was challenged by the State before the Hon’ble Supreme Court in Criminal Appeal No.990-991 of 2012. The same was allowed and the Apex Court set aside the judgment of this Court and remanded the matter to this Court for fresh a consideration.
Procedural History
On 12.05.1991, the murder of Smt. Chukibai occurred. A missing complaint was lodged by her brother, and a case was registered under Sections 365 and 392 IPC. Following suspicion and confession by accused No.1, the case was converted to Sections 302 and 201 IPC. Investigation led to recovery of stolen articles and identification of the body. Charge-sheet was filed against four accused. The case was committed to Sessions Court. Trial ended with conviction on 19.09.2007. Accused filed appeals under Section 374(2) CrPC before the High Court. The High Court initially allowed the appeals and acquitted all accused on 21.04.2010. The State appealed to the Supreme Court in Criminal Appeal Nos.990-991 of 2012. The Supreme Court set aside the acquittal and remanded the matter for fresh consideration. The High Court reheard the appeals and pronounced judgment on 15.10.2019.
Acts & Sections
- Indian Penal Code: 302, 397, 201, 202, 212, 365, 392, 404, 34
- Code of Criminal Procedure, 1973: 374(2), 313
